SH KRISHAN KUMAR SHARMA vs SH NARESH KUMAR SHARMA & ORS

Judgment text excerpt

$~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16th DECEMBER, 2025 IN THE MATTER OF: + CS(OS) 2/2017 SH KRISHAN KUMAR SHARMA .....Plaintiff Through: Mr. Satish Kumar, Advocate versus SH NARESH KUMAR SHARMA & ORS .....Defendants Through: Mr. Vivek Luthra & Rema Luthra Advs for Defendant No.1 & 2 in Suit and for Counter Claimants in CC 3/2020. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) I.A. 3926/2018 1. This Application under Order XII Rule 6 of the CPC has been filed by the Plaintiff seeking Judgment and preliminary decree of partition on the basis of the admissions of the Defendants in the Written Statement. 2. The instant Suit has been filed for partition and permanent injunction in respect of the property bearing No.C-33, Bhagwan Dass Nagar, East Punjabi Bagh, New Delhi – 110026, a two-storey freehold residential building admeasuring 264 sq. yards, comprising ground, first and second floors (hereinafter referred to as ‘the Suit Property’). 3. Plaintiff and Defendants No.1, 2, 3 & 4 are children of Late Sh. Signature Not Verified Raghubir Singh Sharma and Late Smt. Shanti Devi. Plaintiff and Defendants Signed By:RAHUL SINGH CS(OS) 2/2017 Page 1 of 18 No1 & 2 are sons of Late Sh. Raghubir Singh Sharma and Late Smt. Shanti Devi while Defendants No.3 & 4 are daughters of Late Sh. Raghubir Singh Sharma and Late Smt. Shanti Devi. 4. The description of the Suit Property has been given in detail in a map which is a part of the Suit schedule. 5. It is stated that the Suit Property was owned by Smt. Shanti Devi. It is stated that Smt. Shanti Devi enjoyed full rights, title, and interest in the Suit Property until her death on 26.11.2014. It is stated that Sh. Raghubir Singh Sharma, predeceased her on 04.04.2010. Thus, both the parents of th